IMRAN ABDULRAHIM MULTANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Petitioner is before this Court seeking to invoke the writ jurisdiction under Article 226 of the Constitution of India for issuance of writ of habeas corpus or any appropriate writ against the respondent No. 6 for his having illegal and unlawful detention of his wife and minor daughter. Petitioner seeks the following prayers:

(2.) According to the petitioner, his wife came in contact with respondent No.6. The petitioner was also in the business of liquor and respondent No.6 is a known bootlegger and is strong headed person. The petitioner was detained under the Prevention of Anti-Social Activities Act (for short 'PASA Act') on 9/9/2020 and was sent to the Rajkot Central Jail. It is his allegation that the respondent No.6 had lured his wife and on 23/12/2020, when he returned home, his wife and daughter were missing. He was informed by his son from the first wife and his parents that respondent Nos.4 and 5 had left on 12/12/2022 by intimating them that she was joining her parents and she never returned back.

(3.) It is say of the petitioner that he was unable to establish contact with his wife and daughter. Through his close friends and relatives, he could establish contact with respondent No.6 and could come to know that he had illegally confined them at Nasik, Maharashtra. He also visited in the month of February, 2022. He is apprehensive since his calls were not responded to that they might have been ran-away with. It is say of the petitioner that the respondent No.6 is 50 years old, he has two children, who are aged 27 and 29 years and he is also involved in the criminal cases. Petitioner approached before police station on 25/4/2022 by a written complaint and his wife's version had been recorded stating that she was residing with her mother, which according to the petitioner, is not true, she is continue with respondent No.6 and this Court needs to intervene.